User registration

If you wish to use all features of the plasticker market place like inserting your own offers and requests you first have to register. After registration you will get an immediate confirmation with your personal login data sent to your Email address. Accounts with incomplete or implausible address information will be deleted without previous consultation.

Please note that it is not allowed to register again for a user that was banned from plasticker. We reserve to prosecute any attempt to evade a ban.

Please fill in your data completely.

Company:
Please enter the correct form of enterprise!

Contact person:  
Street:
Country (Nation):
City:  
Area-/ZIP-Code:
VAT-No:
Phone: (including national and area code)
Fax:   (including national and area code)
Cell/Mobile: (including national code)
Email:
Skype:     what is Skype?
Website:   (without "http://")
Password:
Passwort:   (please repeat!)

You will not be charged for registration. By submitting this form you declare that you have been not been banned from Plasticker before and accept our terms and conditions:

The

New Media Publisher GmbH

hereinafter referred to as "the publisher"

provides an information platform on the Internet called "Plasticker" which can be reached via 
the domains www.plasticker.de, www.recycling.de, www.kunststoff.de and www.recybase.de.

Besides a variety of general information in the field of plastics technology and plastics 
recycling, "Recybase", a marketplace for recycling material free of charge for the user, has 
been placed on the Internet subject to the terms and conditions mentioned below.

By registering and using the access data made available, the user acknowledges the terms and 
conditions of the publisher in their latest version.


1. "Plasticker" platform

(1) "Plasticker" is an information system offered to the user which shall bring together 
    suppliers and buyer's of trade services via a virtual marketplace. The platform is made 
    available for the supply and demand of plastics raw material, in particular of
    - plastics recyclates
    - plastics waste
    - plastics remainders
    as well as of
    - second hand machinery for the processing and recycling of plastic materials as well 
      as any related service.

(2) The publisher shall provide the platform to the user for these purposes.

(3) The publisher is entitled to modify or to extend the offer at any time, in particular 
    as far as the contents and the structure of the platform and the related user interface 
    is concerned.


2. Registration

(1) Any individual or corporate body may register.

(2) The use of this platform is subject to the admission of the user.
    For being registered, the user must truly enter his full data as questioned.

(3) The access is free of charge for the user.

(4) The user cannot raise a claim for admission to the platform. Furthermore the publisher 
    reserves the right to withdraw the admission at any time without mentioning any reason, 
    however in particular because of:
    a) false registration data
    b) the presentation of inadmissable products or services
    c) a misuse of the trade platform or
    d) in case of doubt of the legal existence of the user

(5) It is prohibited to present oneself on the platform using a false identity.

(6) It is prohibited to make offers which are against the law or public morals, in particular 
    against sections 86, 86a, 130, 130a, 131, 184 of the StGB (German Penal Code) or other 
    penal codes. Furthermore it is not allowed to offer products prohibited by the Federal 
    Review Board for Publications Harmful to Young Persons, products committed by contracts 
    or those violating third-party rights, in particular copyrights, rights of trademark and 
    to a name.

(7) The user is entitled to withdraw his registration at any time in writing. In this case, 
    all user-related data stored by the publisher shall be deleted within one month after 
    receipt of the withdrawal.


3. User name / password

(1) When registering with the publisher the user shall define a user name (email address) 
    and a password which will both be enabled upon registration.

(2) The user undertakes to ensure that the user name and password shall be protected against
    unauthorized access by third party. He shall report to the publisher any misuse of the 
    user name and password which he becomes aware of or which he may suspect based on evidence.


4. Rights of use

(1) The rights of the users shall be limited to a participation in the platform within the 
    scope of the contractual use for the intended purpose.

(2) Within the scope of his services the publisher does not grant any copyright or other 
    property right to the user, in particular the right to a current or future website of 
    "Plasticker", to its web and graphics design, wordings, illustrations and all related 
    literature and literary work such as operating instructions.

(3) Copyrights, property rights and other third party rights placed on the platform shall 
    fully remain with their holders and shall be protected accordingly.


5. Offers, requests, processing of contracts

(1) The user may offer or request a trade service (supply of goods and services acc. to 
    no. 1 para. 1) on the platform or make an invitation to tender for the performance in 
    his name. For this purpose, the user must specify the trade service offered or requested 
    by entering a minimum of features in the input mask. Upon confirmation of these data 
    the request will be published on the platform.

(2) The offering period (validity period of offers and requests) is one month. After this 
    period has expired, the publisher is entitled to remove the tenders from the platform. 
    The user may delete or renew his offer or request at any time.

(3) The placing of an offer is no binding declaration of intent, but an invitation to make 
    offers (invitatio ad offerendum). By placing the offer the supplier confirms that, as a 
    matter of fact, he is subjectively in a position to provide the service and that the 
    offer he places is directed towards the conclusion of a contract.

(4) The placing of a request is no binding expression of intent either, but also an invitation 
    to make offers. By placing the request the requesting person confirms that he is prepared 
    for providing a counter-performance and that the request he places is directed towards 
    the conclusion of a contract.

(5) The "Plasticker" platform is made available exclusively for the exchange of information. 
    All negotiations or conclusions of contracts between the users shall take place outside 
    the platform, on a usual business level and without the participation of the publisher. 
    Contracts shall be signed directly and exclusively between the respective users and 
    shall be performed and processed outside the platform. The publisher does not undertake 
    obligations for the supply or acceptance of goods or services or for the fulfillment of 
    a counter-performance for this.

(6) The placement of an offer or a request shall be deleted immediately if the user who placed 
    it is no longer interested to maintain it.


6. Attribution of declarations

(1) As far as all declarations of intent, business-like acts or other legally valid declarations 
    or acts are concerned which the publisher, on the initiative of a user, may place on the 
    platform or which he may deliver to or receive from another user, the publisher does not 
    act neither in his own name nor as a proxy or agent for the respective users, but exclusively 
    as their communicating messenger.


7. Duties of the user

(1) The user declares that all data, in particular the ones relating to the performance that
    he offers (goods and services), are correct and not misleading.

(2) The user undertakes to use the services provided by the publisher only in accordance with 
    the relevant laws, public morals as well as the general standards for using the Internet. 
    In particular, it is prohibited:
    a) to violate third party rights, in particular property rights, copyrights, rights of 
       trademarks or to a name;
    b) to present any contents which is of the kind to glorify violence or of pornographic 
       kind, or which is otherwise against the provisions of the German penal code, in 
       particular against sections 86, 86a, 130, 130a, 131, 184 of the StGB;
    c) to enter data containing a virus or Trojan horse or other programs likely to damage, 
       secretely intercept or delete data or systems;
    d) to offer products which may not be sold or offered in public or the possession of 
       which is against the prevailing law.

(3) The user shall bear all costs arising from the establishment or the modification of his 
    online connection, his use of the public communication network or the purchase and 
    maintenance of his communication units required to use the platform.


8. Damages / indemnity

(1) The user is responsible for any damage caused to the publisher by a culpable violation 
    of the contract by the user. The user shall indemnify the publisher from third-party 
    claims put forward against the publisher in connection with a violation of contract by 
    the user and undertake to reimburse all costs (including court and lawyer's fees) which 
    may arise to the publisher due to this.


9. Data protection

(1) In respect of the user's personal data, the publisher points out in accordance with 
    section 33 of the Federal Data Protection Act, that these will be stored and/or 
    transmitted in accordance with the applicable provisions of data protection. Please 
    note the following rules:

(2) In the scope of the purpose of the contract, the publisher is entitled to raise, process, 
    store and use for his own purposes any user data in accordance with the provisions of the 
    Federal Act of the Protection of Data.

(3) In particular, the publisher is entitled:
    a) to publish and transmit user data within the scope of the services provided by the 
       publisher;
    b) to communicate user data to the competent authorities within the scope of legal 
       obligations, and
    c) to pass on the user data with the consent of the participant in other cases.


10. Warranty

(1) The following provisions shall apply to the performance contracts (goods and services) 
    mediated in the scope of the platform.

(2) The publisher disclaims all warranties for contracts concluded among the respective users.

(3) The publisher disclaims all warranties for the goods and services provided by the supplier 
    to the buyer. In particular, the publisher gives no warranty for
    a) the correctness and completeness of statements made by the buyer or supplier,
    b) the quality and usability of goods and services to be supplied,
    c) their fitness for a particular purpose intended by the buyer,
    d) the non-violation of third-party rights by the goods and services supplied.

(4) The publisher cannot definitely exclude that the person mentioned as buyer or supplier 
    in the declaration of intent which is delivered or received by the publisher, actually 
    exists. As a result, the real authorship of a declaration of intent remains doubtful at 
    all times. Consequently, the user submitting or accepting an offer acts at his own risk 
    as for the existence of the contracting party.

(5) In addition, the publisher cannot exclude with absolute certainty that a password may fall 
    into the hands of a person who has not been authorized by the user to submit a declaration 
    of intent. This risk shall be born by the user himself, too. The publisher disclaims any 
    liability according to the rules of a messenger without authorization.


11. Limitation of Liability

(1) Claims for damages put forward by a user for positive obligation breaches and for violation 
    of duties during contractual negotiations shall be excluded. According to the aforesaid legal 
    concepts the publisher is not responsible for the replacement or elimination of damages which 
    may arise for example because of loss or any defective processing of data. Additionally, 
    irrespective of which legal principle, the publisher is not responsible for a loss in profit, 
    missed savings, damage resulting from third-party claims or other indirect or consequential 
    damages.

(2) The limitation of liability pursuant to section 11 para. (1) shall not apply neither to 
    physical injury or other damages which the publisher is responsible for due to intention 
    and gross negligence, nor to the lack of featues that have been confirmed. In addition, 
    they shall not apply to any damage caused by minor negligence of essential contractual 
    duties (cardinal duties) as well as to the liability according to the Product Liability 
    Directive. In these cases the following shall apply:
    a) The publisher is liable for physical injury and other damages caused by his own intention
       or gross negligence, for the corresponding behaviour of assistants and for claims according 
       to the Product Liability Directive.
    b) The publisher is liable for the lack of features which have been confirmed and for minor
       negligence of essential contractual duties, with the exception of unforeseeable damages.

(3) The user's claim for damage resulting from a delay in performance or impossibility of 
    performance by the publisher is excluded. This is not valid in cases of mandatory liability 
    for intention or gross negligence.

(4) The publisher is not responsible for any contents of third-party websites, to which is 
    referred to directly or indirectly on the "Plasticker" website.

(5) In no event the publisher is responsible for damages related to a defective condition of 
    software or hardware and particularly to technical defects of the Internet. In particular, 
    the publisher does not assume any liability independent of fault for damages arising due to:
    a) the lacking availability or the faultless functioning of the Internet
    b) the use of software or hardware when using the platform website, as well as
    c) the lacking or insufficient contractual performance due to technically unforeseeable 
       events regarding the software, hardware or Internet.

(6) The publisher does not warrant for damages arising from the imperfection of the users' 
    offers placed on the publisher's website and the respective response to the requests. In 
    particular, the publisher is not be liable for damages arising from the deletion or 
    suppression of the buyer's and supplier's entries on the publisher's website or from the 
    missing deletion or suppression.

(7) The aforesaid liability limitations are also valid for the legal representatives, 
    employees and assistants of the publisher.


12. Applicable Law / Place of Jurisdiction

(1) This contract is subject to the laws of the Federal Republic of Germany.

(2) The application of international conventions is excluded, particularly of the United Nations
    Convention on Agreements on the International Sale of Goods and of the Conflict-of-Law Rules
    in the German Private International Law.

(3) The place of jurisdiction for the settlement of all disputes based hereof is Krefeld. The
    publisher is also entitled to proceed against a user at his general place of jurisdiction.


13. Additional Terms

(1) The inclusion of the users' General Terms and Conditions is expressly denied in any case.

(2) Should any individual provision or any part of any provision of these Terms and Conditions 
    of Use be or become illegal in total or in part, the validity of the remaining provisions 
    hereof is in no way affected. In such case the void provision shall be replaced by relative 
    provision coming as close as possible to the purpose of the void provision.


revised on: 24th April 2002